Subordination Agreement 1974-167517 )
. ,, )
a30 FILE/PAGE NO.74-167517
When Recorded Mail To: ) BOOK 19'74
) RECORDED REQUEST OF
POWAY MUNICIPAL WATER DISTRICT ) LAND TITLE INSURANCE CO.
Post Office Box 348 ) JUN 4 8;00 AM'74
Poway, California 92064 )
) OFFICIAL RECORDS
LTI Order No. 291432—I SAN DIEGO COUNTY, CALIF.
LTI Escrow No. 44787—P HARLEY F. BLOOM, RECORDER
SUBORDINATION AGREEMENT NO FE-
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed
of Trust recorded in the Office of the County Recorder of San Diego
County, April 17, 1971 File No. 68116 and as owner and holder of
the obligations thereby secured does hereby make subject and subordi-
nate the liens thereof to the Easement granted by Merrill H. Thayer
and Juanice D. Thayer to POWAY MUNICIPAL WATER DISTRICT,
it being understood and agreed that foreclosure of said Deed of Trust
shall not affect, defeat or render invalid any rights under and by
virtue of said easement, and said easement shall be paramount and super-
ior to the rights of any purchaser under my foreclosure of said Deed of
Trust.
The easement described in EXHIBIT "A" attached hereto affects the real
property described in the said Deed of Trust dated March 3, 1971
recorded April 17, 1971 , Recorder's File No. 68116 ,
securing a note in the amount of $ 72,050.00 . Linda McFeeters
as Trustor, Transamerica Title Insurance Co. as Trustee,
and Homer Williams & Elizabeth N. Williams as Beneficiary.
Beneficiary declares and acknowledges that it hereby intentionally waives,
relinquishes and subordinates the priorities and superiorities of the lien.
and charge of said Deed of Trust upon the land described there in favor
of said easement, and that it understands that in reliance upon and in
consideration of this waiver, relinquishment and subordination specific
monetary and other obligations will be entered into by Third Parties which
would not be made or entered into but for said reliance and the execution
by Beneficiary of /this waiver, relinquishment and subordination.
DATED: � -c-L 6' H-74- BENEFICIARY
Executed in the presence of:
R/W #291432- 'Fitness �� 411.-."‘ Homer Williams
Eliz N. Williams
4ttness C/
WITNESS FORM
STATE OF CALIFORNIA,
County of San Diego. } ss
On this..,.2./.aCifs..day ofA.D., 192.'j.,before me,...... e.=�/ .�>Lr0-tar.-+--C-
a Notary Public in and for the saidcounty and State,residing therein,duly commissions and sworn,personally appeared
/9 • a..... . .. .. . .... �E- known to me to be the person whose name
subscribed to tRe within instrument,as a Witness thereto,who being by me duly sworn,deposel and say5
That he reside. in .79 Ai Q.I e G 0 and that he
_.Kr......present and saw 7n#n,..it!.,/d,..e..",..0... ..Z.47.,:it...cd....�1.,.142
personally known to lu.+2rto be the same persons....whose name.5 subscribed
to the within and annexed Instrument,execute and deliver the same,and he acknowl-
edged to said affiant that he executed the same;and that said affiant subscribed
h,see name thereto as a Witness.
.Ju Witness Whereof. I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
BETTY H. BLOUNT .a.2/.,...
.f ` ` " NOTARY P U B L:C • Notary Pu c in.and for said County and State.
f •I J;,i nce.Sol C"llf•
�. _.
Fri ,:y C. _^�. _
ti My Commission Expires January 2, 1977 `
ViiiVidWVVINVWWWWWW-6 Doc 209 A
Rtp-xstymbealsild casement of right of way in the aforesaid lands is particularly described as follows:
The Northerly 25.00 feet of said Lot 2. rr .: . 931 T
TOGETHER WITH an easement for a temporary working strip of land, situated within the
lands first above described, said easement shall include, but not be limited to
the right and privilege of workmen, contractors , and any and all agents employed by
the Grantee herein, to use and occupy said temporary working strip for the purpose
of constructing the hereinbefore mentioned pipeline or pipelines , and any and all
appurtenances incidental thereto, and said easement shall include the right and
privilege to place and operate any and all machinery on said strip which the Grantee
herein, or any agent or contractor employed by said Grantee, .deems necessary for the
construction of said pipeline or pipelines .
Said temporary working strip hereinabove referred to being more particularly described
as follows:
The Southerly 20.00 feet of the Northerly 45.00 feet of said Lot 2.
It is hereby understood and agreed upon by the Grantor and Grantee herein, that the
right and privilege set forth for the use of the above described temporary working
strip shall be in full force and effect from the date of execution of this instrument,
and shall continue in full during the construction of said pipeline and that upon
completion, final inspection, and acceptance of the pipeline by said Grantee herein,
the easement for the temporary working strip hereby granted and described above, shall
cease and terminate, and become of no further force or effect.
It is also understood and agreed upon by the Grantor and Grantee herein, that the
grant and termination of the easement for the temporary working strip hereinabove
described shall in no way affect or frustrate the continued enjoyment and use of
the 25.00 foot wide easement first above described .
Grantor and...t.hC.i....successors in estate shall not erect or construct,or permit to be erected or constructed,any building
or other structure,plant any tree or trees,or drill any well or wells,within the limits of said right of way.
Grantee shall have the right to erect,maintain and use gates in all fences which now cross or shall hereafter cross said route or
routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the con-
venient and safe exercise of the rights hereby granted,the right to transfer and assign this easement in whole or in part being here-
by granted to the Grantee.
Grantor agrees that no other easement or easements shall be granted on,under or over said strip of land by Grantor,without
the previous written consent of Grantee.
It is also understood and agreed by the parties hereto that the Grantor and..theit...successors or assigns,shall not increase
or decrease,or permit to he increased or decreased, the existing ground elevations of rhe above described right of way,existing
at the time this document is executed,without the previous written consent of the Grantee.
. n Wifttras itihrrrnf. the Grantor s have executed these presents this day of , 19
Executed in the Presence of:
Witness.
Witness.
R/W No, 291432-R _
DRAWN BY JA
•
CHECKED BY J __
ACCT. NO. C—P03-161-06 NOTARIES—USE PROPER FORM ON BACK.
DATE January 11, 1974/jg
R/W-Grant•Form B101-6
� - •
932
GRANT OF RIGHT OF WAY
MERRILL H. THAYER and JUANICE D.. THAYER, husband and wife
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by
POWAY MUNICIPAL WATER DISTRICT, a public corporation
• as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said
POWAY..MUNICIPAI4.WATER DISTRICT
its successors and assigns,an easement of right of way 25.00 feet in width in,upon,over,under,and across the
lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and
all purposes,together with their necessary fixtures and appurtenances including bur nor limited to facilities for power transmission
and communication purposes,at such locations and elevations,upon,along,over and under the hereinafter described right of way
as Grantee may now or hereafter deem convenient and necessary from time to time,together with the right of ingress thereto and
egress therefrom,to and along said right of way by a practical route or roures in,upon,over and across the hereinafter described
lands,together with the righr to use said right of way for access to Grantee's rights of way situated in adjacent lands. •
The lands in which said easement of right of way is hereby granted are situated in the County of San Diego
State of California,and are particularly described as follows,to wit: •
; y.
Lot 2 in Section 1, Township 14 South, Range 2 West, San Bernardino Meridian, in the
County of San Diego, State of California according to the United States Government
Survey.
EXkIEIT 'tA�